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Smith v. United States

United States District Court, N.D. Georgia, Atlanta Division

November 19, 2014

MICHAEL JEROME SMITH, Movant,
v.
UNITED STATES OF AMERICA, Respondent. Civil Action No. 1:14-CV-2338-TWT-JSA

MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION

JUSTIN S. ANAND, Magistrate Judge.

On July 21, 2014, Movant Michael Jerome Smith filed the instant motion to vacate his sentence under 28 U.S.C. § 2255 [Doc. 85] and sought an additional thirty (30) days to file a memorandum in support of his motion. (Doc. 86). The Court granted his motion, and allowed him through August 18, 2014, to file the memorandum in support, which is required under this Court's Local Rules.[1] (Doc. 87). As of October 15, 2014, nearly two months after the deadline he requested, Movant still had not filed the memorandum. Because his motion contained mostly bare allegations with little or no factual support, this Court could not fully analyze Movant's claims without any such supporting memorandum; thus, the Court entered an Order on October 16, 2014, which instructed Movant to show cause within twenty-one (21) days, or by November 6, 2014, why the instant § 2255 motion should not be dismissed for failure to prosecute or failure to obey a lawful Order of the Court. (Doc. 88). As of November 18, 2014, Movant has not responded to this Court's show cause Order.

IT IS THEREFORE RECOMMENDED that the instant § 2255 motion to vacate (Doc. 85) be DISMISSED WITHOUT PREJUDICE for Movant's failure to prosecute and/or obey a lawful Order of the Court. See L.R. 41.3A, N.D.Ga.

The Clerk is DIRECTED to terminate the referral to the undersigned Magistrate Judge.

IT IS SO RECOMMENDED.


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